Program of Protection and Advocacy of Individual Rights

To provide grants for States, and to the eligible system serving the American Indian Consortium when sufficient funds are appropriated for the program in accordance with section 509(c)(1)(B) of the Rehabilitation Act of 1973 (Rehabilitation Act), to support protection and advocacy systems to protect the legal and human rights of individuals with disabilities who are ineligible for services from the other protection and advocacy programs or whose problems fall outside the scope of services available from the Client Assistance Program (CAP). This program is subject to a statutory non-supplanting requirement and, therefore, must use a restricted indirect cost rate in accordance with 34 CFR 76.563 through 76.569. For assistance with questions related to the restricted indirect cost rate, email the Indirect Cost Division at IndirectCostDivision@ed.gov.

Only designated protection and advocacy agencies in each State and Territory, and the protection and advocacy system serving the American Indian Consortium, may apply. Except for the protection and advocacy system serving the American Indian Consortium, the Governor designates the protection and advocacy agency in each State.

Individuals with disabilities will benefit.

Any application for a grant must contain assurances that the eligible protection and advocacy system will: (1) have in effect a system to protect and advocate for the rights of eligible individuals with disabilities; (2) have the same general authorities as outlined in Part C of the DDA; (3) have the authority to pursue legal, administrative, and other appropriate remedies to ensure the protection of the rights of individuals with disabilities; (4) provide information and referral services to individuals with disabilities in the State; (5) develop a priorities and objectives statement each year; (6) seek public comment about their proposed priorities and objectives statement; (7) establish a grievance procedure for clients and applicants of the eligible protection and advocacy system; (8) use the funds available for this program to supplement, not supplant, nonfederal funds that would otherwise be available for this purpose; and (9) utilize, to the maximum extent possible, mediation and other alternative dispute resolution procedures before resorting to formal administrative or legal remedies.

Once the applications have been approved, awards are made on the basis of the statutory formula or statutory minimum amounts, as applicable and the eligible system serving the American Indian Consortium.